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ENB - Statewide Notices 3/25/2009

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 11-0903, 11-0905, 11-0907, and 11-1103 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR Parts 1, 2, 4 and 6 pertaining to revisions of wildlife management unit boundaries and necessary adjustments to game species hunting and trapping seasons. This notice will be published in issue 12 of the State Register, dated March 25, 2009.

Pursuant to the Environmental Conservation Law sections 11-0303 and 11-0907 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Proposed Rule Making to amend 6 NYCRR sections 1.22 and 1.27 pertaining to muzzleloading firearm deer seasons in the northern zone, and alternative deer harvest strategies. This notice will be published in issue 13 of the State Register, dated May 18, 2009.

New York State Department Environmental Conservation (NYS DEC) Announces the 2009 Environmental Excellence Awards Program

Applications Available

Applications are now available for New York State's sixth annual Environmental Excellence Awards. This award program recognizes New York's environmental and conservation leaders who are solving environmental challenges through innovative and environmentally sustainable practices or creative partnerships. Eligible applicants include: businesses, not-for-profit organizations, government (local, state and federal), educational institutions and individuals. To be considered, a project application must result in an environmental benefit beyond what could have been achieved by using standard techniques or complying with regulatory requirements.

Review criteria will include an assessment of the: environmental benefits; economic benefits; innovative approach of the project; advancement of sustainability; how creative partnerships were created or strengthened by the project; demonstration of leadership and management commitment to the environment; demonstration of transferability and the demonstration that practices go beyond standard techniques or compliance requirements. In order to be considered for an award, an applicant must be in compliance with New York Environmental Conservation Law, applicable permits and local laws.

Important: Applications must be postmarked by Friday June 12, 2009. The awards are scheduled to be presented in the fall of 2009.

The application package is available through the NYS DEC website: www.dec.ny.gov. Use the "Subject Index" button and selecting "E" or by doing a search for "Environmental Excellence Awards."

The New York State Environmental Facilities Corporation (NYS EFC) hereby establishes a new program designed to preserve and create jobs, promote economic recovery, and invest in environmental protection and green innovation to provide short and long-term economic benefits. Funding for the program was authorized by the American Recovery and Reinvestment Act of 2009 (ARRA), the Federal Clean Water Act (CWA), the Federal Safe Drinking Water Act (SDWA) and is being implemented through the New York State (NYS) Clean Water and Drinking Water State Revolving Funds (CWSRF and DWSRF, respectively), authorized by NYS Public Authorities Law sections 1285-j and 1285-m.

This program, called the Green Innovation Grant Program (GIGP), is intended to provide economic stimulus through the provision of funding for eligible green projects, as further described below. All projects or portions thereof which address green innovation including but not limited to water and energy efficiency improvements, green wet weather infrastructure and other environmentally innovative projects or which qualify as a demonstration of new green innovation will be listed in the CWSRF Intended Use Plan (IUP), Category G, or in the DWSRF IUP, as authorized. The IUP is a plan which identifies the intended uses of amounts available in the SRFs including, but not limited to, a list of potentially eligible projects; a description of the short-term and long-term objectives of the SRFs; information on the types of activities to be supported, including a description of projects in this category, terms of SRF assistance, eligible recipients and the criteria and method established for the distribution of funds. NYS EFC will give the greatest priority to projects that NYS EFC determines are able to initiate construction by June 16, 2009, 120 days following enactment of ARRA.

In order to apply for GIGP funding, the applicant must meet the minimum state and federal qualifications to participate in the CWSRF or the DWSRF programs. Eligible applicants may include any county, city, town, village, district corporation, county or town improvement district, Indian reservation wholly within New York state, any public benefit corporation or public authority established pursuant to the laws of New York or any agency of New York which is empowered to construct and operate an eligible GIGP project, or any two of the foregoing which are acting jointly in connection with an eligible GIGP project. Eligible applicants may also include any partnership, association, school district, not-for-profit corporation or any other corporation organized and existing under the laws of the State of New York or any other state which is empowered to develop a project, or any two or more of the foregoing which are acting jointly in connection with a project. Eligible projects must be located in a city, town or village with a population of less than one million.

II. Purpose of this Notice

This notice describes eligibility requirements for the GIGP, the amount of funding available, the time period during which NYS EFC will accept applications for funding, and certain other eligibility criteria and program information.

III. Description of Eligible Projects

The GIGP is intended to create and retain jobs, and construct and implement sustainable, green innovation projects in NYS. Green innovation includes capital projects, technologies and activities that meet the objectives of environmentally and economically sustainable facilities by exceeding traditional infrastructure goals associated with basic regulatory requirements for water quality protection. The broad definition of green innovation established by ARRA and the SRFs includes technologies and activities that protect water quality and fall in one or more of the following general project categories:

Green innovation project descriptions and examples may be found at: www.nysefc.org/GreenGrants. This link also includes federal guidance on green projects, along with other relevant information.

IV. Funding Proposal

This program will be administered by NYS EFC, expanding upon established programs. GIGP will use funding sources from ARRA and administered under the SRFs to assist in financing and implementing eligible projects.

NYS EFC reserves the right to fund up to 90% of a project or a portion thereof. Applicants may be required to identify separate project components for funding consideration. Funding will be provided to eligible projects only to the extent funds are available.

GIGP will provide funding to eligible applicants to help pay for the implementation costs of certain projects, or portions thereof. Payments in an amount up to 90% of eligible project costs may be provided to eligible recipients with GIGP projects that comply with all requirements. The recipient must contribute at least 10% matching funds under this program, which may include direct cash funding or documented in-kind services. Payments will be made on an incurred cost basis, with Disbursement Requests accepted by NYS EFC not more than once every 30 days. Notwithstanding the above, no disbursements will be made (e.g. for eligible planning and design costs) until project construction contracts have been fully executed, which must occur by no later than January 1, 2010.

Note: Recipients of GIGP funding must document that construction contracts have been fully executed or construction of the approved project has commenced by no later than January 1, 2010. Failure to document this fact by the stated deadline may disqualify the project from receiving GIGP funding.

V. Application Schedule

NYS EFC will accept Applications for GIGP funding postmarked not later than May 9, 2009.

Under GIGP, NYS EFC's administrative responsibilities will include: receiving and reviewing grant applications; making funding commitments based on a completed GIGP Application, as determined by NYS EFC; and entering into Funding Agreements directly with recipients for project implementation. The Funding Agreement will include, among other things, the authorization to pay for eligible costs associated with all or a portion of an approved GIGP project.

A complete GIGP Application shall, at a minimum, include the following:

• Completed, signed and dated Application Form as prescribed by NYS EFC.
• Detailed project description, rationale for undertaking the project and demonstration of how the project meets the evaluation criteria.
• Detailed description of the economic benefits of and number of jobs retained or created by the proposed project.
• A detailed description and schedule indicating how the applicant will complete all necessary environmental and State Historic Preservation Office reviews required for the proposed project in time to meet the January 1, 2010 deadline referred to above.
• Detailed project schedule, including construction start and end dates.
• Listing of all other sources of funding being utilized in support of the project.

VI. Information Availability

Any person seeking additional information or application material regarding this program should contact NYS EFC at:

Negative Declaration

Statewide - The New York State Department of Environmental Conservation (NYS DEC), as lead agency, has determined that the proposed Giant Hogweed Control will not have a significant adverse environmental impact. The action will involve herbicide applications which will work towards eradication of giant hogweed plants in New York State. The action is to take place at a maximum of 137 sites, ranging in size from 0.01 to 5.5 acres, and totaling approximately 75 acres throughout 24 counties. The average site size is 0.6 acres. Controlling giant hogweed will help to eliminate a federal noxious weed and public health hazard before it spreads even further throughout New York State. Application method used will be by backpack sprayer, or other sprayer if more appropriate for the site, targeting only giant hogweed plants. It is anticipated that the herbicide (Rodeo or Vegetation Manager Triclopyr 3SL) may need to be applied 1 to 2 times per year for 3 or more years, therefore, the project will begin approximately April 1, 2009 and end September 30, 2011. Manual control by root-cutting and/or flowerhead removal may be used on small sites (less than 200 plants) or in sensitive portions of larger sites. The project is located Statewide; giant hogweed plants are located in a variety of settings on both private and state owned properties.